Manufacturing, selling or advertising for sale an unauthorized recording is punishable under the New York State penal code. Types of recordings include a device such as a disc, tape, video cassette, wire, film, flash drive, memory card, hard drive or other storage device where both images and sounds can be taped or otherwise recorded and stored. Offenses that involve unauthorized recordings range between misdemeanor and felony charges, so it is important to have an attorney on your side who can help you navigate the charges. Call now for a free consultation with our experienced New York criminal attorneys.
The manufacturer of unauthorized recordings is charged in two degrees, the lower being a class A misdemeanor. This offense applies when a person has knowingly transferred any sound recording with the intent to sell or rent the recording without the consent of the owner. The offense also applies if a person transports a recording within the state for private financial gain or commercial advantage without the consent of the owner.
If a person has previously been convicted of this offense and is convicted a second time within five years, they will now be charged in the first degree which is an E felony. Additionally, if they manufacture 1,000 unauthorized recordings or more, this level of the offense will also apply.
When a person knowingly records or causes to be recorded a performance with the intent to rent or sell the recording without the consent of the rightful owner, the offense is a class A misdemeanor. This also applies to a person who knowingly transports or possesses a recording without consent of the rightful owner for purposes of sale, rental or resale. In its higher degree, if a person commits the offense twice within five years the result will be an E felony. Similar to above, if there are over 1,000 unauthorized sound recordings or at least 100 audio-visual records, the E felony offense will also apply.
Not only are the manufacturing and sale of an unauthorized recording illegal, advertising the records for sale is also criminalized. If a person advertises an unauthorized recording for sale, rental or resale, the charge is a class A misdemeanor. Additionally, if they have previously been convicted of this offense in the past five years, or commission at least 1,000 sound recordings or 100 audiovisual recordings, the offense is also an E felony.
The most important thing to remember is that there are options available to you if you have been charged with any of these offenses. While some of the offenses are misdemeanors, they are the highest level of a misdemeanor and can result in time behind bars if the court decides to issue the maximum penalty. With our team by your side, we will do our best to get the best possible result in court which can mean agreeing to a reduced sentence where there will be no time served. Call now for a free consultation with of our experienced New York criminal attorneys to discuss your case and see what options are available to you.